20 September,2024 06:23 AM IST | Mumbai | Dipti Singh
The school said the student was allowed to sit for exams despite not paying fees. Representation pic
A year-old issue over remarks on a student's school-leaving certificate for non-payment of fees has ignited a fresh debate after it was brought before the Maharashtra State Commission for the Protection of Child Rights. The management of Dr Babasaheb Ambedkar Vidyalaya, Vikhroli, submitted an affidavit defending their actions, citing compliance with the Maharashtra State Secondary School Code of 1971, which allows such remarks on leaving certificates. However, education activists and complainants argue that the rule is outdated and damaging to students.
The issue revolves around a complaint filed last year by activists Nitin Dalvi and Dhiraj Kamble, who argue that remarks about unpaid fees on students' leaving certificates can stigmatise the child and create difficulties when seeking admission to other schools or colleges. This practice, they say, violates the principles of the Right to Education (RTE) Act and recent court rulings.
In 2023, the administration of Dr Babasaheb Ambedkar Vidyalaya added a remark on a Std X student's leaving certificate (LC), about his pending fees. The remark reads: "Rs 61,640 balance fees for the year 2019-2020 to 2022-2023." The student, who could not get into any college in Mumbai, secured admission to a Nanded college, which questioned him about the remark.
The dispute had a direct impact on the student, as he scored 84 per cent in the SSC board exam but struggled to secure admission to a college in Mumbai. His mother said having such remarks on LCs is embarrassing for parents and children. According to her, the school administration only provided her son's SSC mark sheet and school LC after she pleaded for days with them and submitted a written undertaking saying she would pay the outstanding amount.
The student's mother Pranali is a single parent. Her husband passed away when she was seven months pregnant. Following alleged ill-treatment from her in-law, the mother-son duo was forced to migrate to Mumbai from Nanded.
Pranali said, "During the pandemic, I faced difficulties in paying his school fees. The school management needs to understand the situation parents face. I did not pay the fees, but why was my son embarrassed about this? It is unfair. I hope the commission sees through their pressure tactic and rules in favour of students."
In the affidavit dated September 12, the school's headmistress, Sujata Ghodke, defended the institute's actions, claiming that the remarks on the leaving certificate were made in accordance with the Maharashtra State Secondary School Code (S S Code) of 1971. The code permits schools to include remarks about unpaid fees when issuing certificates to students leaving the school.
The affidavit also highlighted several other points related to the financial structure of the school. "Dr Babasaheb Ambedkar Vidyalaya is an unaided English medium school that does not receive government funding, and thus, the school relies entirely on fees to cover operational costs, including teacher salaries. Despite fee arrears, students were never barred from attending classes or sitting for exams," the affidavit stated.
The affidavit clarified that the student's parents had not paid fees for multiple years. "Despite this, the school allowed him to complete his exams and issued a leaving certificate, although with a remark noting the unpaid fees," the affidavit reads.
The affidavit highlighted the school's compliance with Section 29.1 of the S S Code, which outlines the conditions under which an LC can be withheld, including non-payment of fees. The school further submitted a detailed fee balance report covering the academic years from 2005 to 2023, illustrating the institution's reliance on fee payments and the financial constraints posed by unpaid dues. Ghodke, through this affidavit, requested the Child Rights Commission to dismiss the complaint, arguing that the actions of the complainants were intended to harass the school and that no relief should be granted.
Education activists, however, believe the practice of placing fee-related remarks on LCs needs to be abolished. They argue that the 1971 school code is outdated, and modern interpretations of child rights and education policy no longer support such measures.
The child rights commission, which is still deliberating the case, pointed to various court rulings on protecting the dignity of students. One of the key rulings referenced in the case was the Madras High Court's decision, which ordered schools to stop using LCs as leverage for fee collection.
Nitin Dalvi, a representative of the NGO Maharashtra Rajya Vidyarthi, Palak-Shikshak Mahasangh (Maharashtra State Student-Parent Teacher Federation), has emphasised that recent judgments, including a significant ruling from the Madras High Court, have prohibited schools from making negative remarks on leaving certificates to enforce fee collection. Dalvi stated, "A student should not be involved in the fee payment process. The LC is a personal document and should not carry remarks that stigmatise the child or affect their mental health. This is a violation of Section 17 of the RTE Act, and disciplinary action should be taken against those responsible."
Dalvi added that according to the Madras High Court ruling, action should be taken against school officials under Section 75 of the Juvenile Justice Act for issuing such remarks. He insists that if the commission fails to take action, he and his organisation will approach the High Court for directives against the school's principal and trustees.
2023
Year school issued LC with negative remarks
